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preliminary proceedings. The judicial investigation is exclusively for aggravated
murder, based on Articles 106 and 108 subparagraph 4 of the Criminal Code of Peru,
and the aggrieved parties will be the next of kin of the victims of said homicides.
Regarding the survivors and the wounded the mentioned Court is not hearing their
cases, since in Peru the monopoly of criminal actions belongs to the Public
Prosecutors’ Office. The prosecutor must denounce before the judge, and the latter
can not motu propio start said action. It is possible that once in the prosecution
stage of a case sit be determined that some information must be completed, case in
which it will be forwarded once again to the Prosecutor, so it may “complete it”. In
the case of the Criminal Center Castro Castro “the information has been transferred
to the [competent] prosecutor” so it may give its opinion regarding two aspects: the
first is that on the record and in the investigation it is said that many people were
injured, and that other acts have breached different juridical rights and they not only
resulted in deaths; and the second is that the civil part requested the appearance of
the former President Fujimori in the process.
The ruling regarding the responsibility of the former President Alberto Fujimori
corresponded to the Nation’s Public Prosecutors’ Office due to the immunity he had in
his quality of President. Being the case in said Public Prosecutors’ Office the
immunity period of Mr. Fujimori expires, reason for which the Nation’s Public
Prosecutors’ Office forwarded the actions to the Supraprovincial Prosecutor, where
said ruling is pending.
The process is in its preliminary stage “with 95% of [the] actions requested by the
Prosecutors’ Office” finished, among which are the statements of 12 defendants and
106 statements between police officers and inmates, among which are the
statements of Vladimiro Montesinos and of members of the Colina Group. 15
confrontation actions between defendants, and between the latter and witnesses
have been carried out, in order to clarify some matters under investigation. Two
proceedings of preventive statements by relatives, who are the only ones who have
appeared in the civil part, have been carried out. Investigations are being carried out
to find out the names and addresses of the next of kin of the fatal victims. In the
process the investigations and statements performed by the Commission for Truth
have been taken into consideration, but many of them have had to be “specified by
the Public Prosecutors’ Office in order to have greater legitimacy.”
Proceedings of expert ratification have been carried out by 8 legal doctors who
enacted the protocols for the autopsies of the dead inmates and by 8 ballistic experts
who enacted the expert reports on forensic ballistics practiced on the dead inmates.
In these proceedings of expert ratification they were asked questions seeking to
clarify the content of the mentioned protocols and reports “that already existed but
[…] were incomplete,” in order to determine: the external location of the wounds;
the possible cause and way of production; the trajectory and distance of the bullets
fired; the trajectory and entrance and exit wounds in the dead bodies; and the direct
cause of death.
In the preliminary proceedings, exhumations have not been performed, since they
were previously done and the fatal victims identified through the investigations have
been handed over to their next of kin. No pending exhumation is on record. On April
21, 2006 a proceeding of judicial investigation was carried out in the Criminal Center
Castro Castro, in presence of the accused, of inmates as witnesses, and of the
doctors and experts, “who would issue a comprehensive report and a technical